civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

parcel uh the streets department simply would not ever approve um with curb cuts on broad and

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obviously the width of the lot regarding the uh coverage and open area rachel as you said we're

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kind of filling in some existing architecture uh there's kind of these large porches that are along

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the front of the property and like canopies which we wanted to uh kind of mimic to fit in with the

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architecture um uh and again we're going back a little bit slightly back in the back here uh but

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again really just to get the units to work properly um and this is uh the proposed rendering you can

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kind of see this is a very specific kind of brick architecture that was done along broad street

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so we're basically going to be fitting in um to this with cast details to kind of hit this band

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of windows across and then matching the roofline of this this canopy porch and kind of the raised

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entryways which is really the reason for where our coverage comes from because of these

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these large porches that kind of match the block um just going quickly over the plans

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we originally had six units in coordination with the neighborhood we made one of the units a larger

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two-bedroom this would be kind of a raised first floor going back to a unit that would be a fairly

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large two-bedroom two-bathroom kind of living level and then sleeping below and above that as

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well with full bathrooms. There's a first floor efficiency provided for an affordable unit. And

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then going up, there are three one-bedroom studios, one on the second floor and then two on the third

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floor with a central staircase. Rachel, is there anything else you wanted me to touch on as well?

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No.

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thank you any questions from the board no mr chair no

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i'm sorry what was that rachel um can i just bring on my client oh yeah i'm sorry i'm sorry

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um nadal hassan if you could raise your hand and be promoted just so i can have him that's where

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mr hassen mr hassen please spell your full name uh yeah nadal hassen and i d a l last name hassen

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h-a-s-s-e-n you swear or affirm to tell the truth the whole truth nothing but the truth

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i do thank you miss pritzker uh nadal have you heard my testimony today in front of the board

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yes do you believe it to be true and correct the best of your knowledge and do you adopt it

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as your own yes thank you and just uh so uh it doesn't the point does not get lost uh we do have

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revised plans but if it's easier for the board uh we would be happy with the proviso for five units

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anyone uh anyone else would like to testify in this case please raise your hand

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Chair, we have Mr. Charles Richardson with his hand raised. I have allowed him to speak.

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Mr. Richardson, please spell your name and I'll swear you in.

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Mr. Richardson, please unmute yourself.

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There we go. Can you hear me now?

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We can. Thank you.

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Okay. Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

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Order for him to tell the truth, the whole truth, nothing but the truth?

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I do. We also received the letter late last night. I forwarded it on to the board today as well.

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Councilwoman will have no opposition to granting this variance.

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Thank you. Anyone else to testify?

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We have a call-in user with a hand raised. I have allowed them to speak at this time, sir.

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Thank you. Would the call-in user please identify him or herself?

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Yes, Adrienne Fernandez, A-D-R-I-E-N-N-E, F-E-R-N-A-N-D-E-Z.

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I'm sorry. I'm sorry. This is the reporter. Could you please spell your last name again?

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I'm sorry. I'm sorry. This is the reporter.

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Yes. F-E-R-N-A-N-D-E-Z.

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You're breaking up. Speak a little closer.

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Is this better?

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Yes, it is.

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Okay.

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Swamp it on neighborhood prices association, RCO.

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Swamp Poodle RCO

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Do you swear or affirm to tell the truth

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The whole truth, nothing but the truth

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Yes

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Please proceed

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We have the same

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Proviso for number of units

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As our coordinating RCO

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We're asking for the limit

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Of the same number of units

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And the second proviso we're asking for

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Is that all trash be stored indoors

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And we have a request

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of the applicant party, that they send the revised drawings to all affected RCOs.

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Rachel, I think you did say you have a trash plan.

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You have to unmute.

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Sorry.

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I would just, we do, I just would defer to Scott as to the location of the trash on the plans, but...

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It's in the plan, it's all, right?

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it's only shows it okay yes and it would be it would be uh five units so city trash pick up

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okay thank you anyone else to testify

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no further hands at this time sir rachel if you could send uh miss uh swamp poodle the uh

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copy of whatever it was she requested sure all right planning commission

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uh ron bednar city planning

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ron please spell your full name and i'll swear you in

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first name ron r-o-n last name bednar b-e-d-n-a-r

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you swear if i'm to tell the truth the whole truth nothing but the truth

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i do thank you please proceed it's property indicated for um special

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for residential use in the city plan.

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We have no objection to granting adherence.

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Thank you. MI 2021-002315.

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3018 North Broad Street.

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My vote is yes with the proviso.

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Maximum five units and trash to be adhered to

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as per the agreement with the community.

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Carol Tenere, my vote is yes with proviso.

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Professor Plaza, yes with proviso.

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James Snell, yes, for proviso.

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Thomas Holloman, yes, for proviso.

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Number 12 on our list, MI 2021-002-314.

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310-30, Gerrard Avenue.

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Richard DeMarco is the attorney of record.

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I believe there are a number of pages that will be submitted as revised plans.

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and Northern Liberty Neighborhood Association sent a letter of support

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with requested RC provisos that Mr. DeMarco will explain. Thank you.

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Good afternoon, Mr. Chairman, members of the board. Can you hear me? Okay. Yes. Please spell

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your name and I'll swear you in. DeMarco, Richard DeMarco, D-E-M-A-R-C-O.

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Square or firm to tell the truth, the whole truth, nothing but the truth. Yes. Thank you.

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Ms. Tenere, we have some questions for you.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral, photos, and replants of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes.

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Thank you. You may proceed.

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All right. So, Mr. Chairman, what I'll do is, it's my understanding, there is no opposition to this proposal as revised.

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We've had four meetings with Northern Liberty's Neighborhood Association.

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I'll move to a more truncated, I'll cover the salient points in light of your late hour.

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The case is after me as well.

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Richard, you're breaking up.

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Okay. I don't know why that happens. I'm going to switch to a microphone. Can you hear me okay?

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Yes.

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I got to sit really close.

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Okay, so you got to see my ugly face.

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Sorry.

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What I was saying, Mr. Chairman,

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is my understanding is there is no opposition,

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although there's just an issue with the provisor

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that's very minor.

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So I'll move to a more truncated presentation

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in light of the late hour of the board.

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If there is opposition, though, Mr. Chairman,

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If there is opposition, though, Mr. Chairman, I'd like the opportunity to put some more detailed testimony on.

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I'd like the opportunity to put some more detailed testimony on.

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Thank you. Please proceed.

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All right. So, Mr. Chairman, I'll share my screen and I'll go through the salient points.

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This project was revised to meet some comments from the neighborhood group, also from the residents of the cigar factory.

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We reached agreement with the residents of the cigar factory.

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The building was changed significantly from the original proposal.

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I'll show them in more detail in a moment.

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I do want to mention, though, as some housekeeping, our request for revised plans will involve six pages.

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We caught an issue with the five pages that were sent last week.

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and I did re-forward about an hour ago the correct six pages that we would ask you to stamp

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if you agreed to grant our relief. Let me show my screen.

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I do want to mention this board granted us very similar variances to another proposal in the past

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for this particular property. The property is a vacant site. So our variances today are height,

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floor area ratio, and use. This is a mixed-use project.

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Commercial space is on the first floor and it's going to be 166 units above.

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This is our site plan. What we did change was

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We set back the building along Oriana to comply with issues with the Cigar Factory residents.

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We switched the driveway exits. The garage will exit onto Oriana and will come in off of third.

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I'm going to show you actually a list which will help you see the number of revisions that we went through

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in order to agree with comments from the neighborhood group

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and the Cigar Factory residents.

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This is a list of them.

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You should be able to see them on your screen.

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Northern Liberty's letter is now on your screen,

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and I'll go back to the site plan in a minute.

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So there's only a minor issue with the proviso.

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As you can see, it says we support the project

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as long as no element of the facade extends beyond the property line,

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except on Girard where overhangs should comply with streets department requirements and be

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limited to balconies which should drain internally. So the only discrepancy is we have window bays

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that do project three feet in addition to the balconies but they comply with streets

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and they all drain internally. They have patch edge drains so we have also bays in addition to

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balconies on Girard and 3rd. And on Oriana, there is no issue. We actually set the building back

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three feet to create more sidewalk space. I'll show that, go back to that.

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So there's actually 10 feet of sidewalk. This is it right here. There's actually 10 feet of sidewalk

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now, as opposed to what was there apparently, which is seven feet. I'll show you the rendering.

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I have, by the way, I have Anthony Sorontanakis on the call, who is our architect, and I have Dan McShane, who is a representative of the developer.

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So this shows the Oriana setback.

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We actually took the building back significantly at their request.

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This is our renderings.

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You can see these are the bays.

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Here are the window bays that make us not 100% agree with the proviso.

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but the window bays also comply and drain internally.

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That's our floor plan.

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Let me go back to that site plan.

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I'll show you the garden.

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The garden's a nice amenity.

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There is a garden.

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There is an opening here to the sky in the middle.

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And what my testimony would have been through the developer

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would have been that the extra density of the 166 units is necessary and the extra height is

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necessary in order to develop this site, Mr. Chairman. There's been no interest in the

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industrial component of the zoning. It's ICMX property. There's been no interest in an

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industrial user. The prior industrial user was a lumberyard, which is gone. Let me show you some

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photos. I didn't show you the photos, I'll show you the outlooks now.

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Anyway, the testimony from Mr. McShane would have been

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that there was, it's not simply not feasible. This is the site right here.

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that there was, it's not simply not feasible.

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This is the site right here.

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It's an open vacant lot.

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You can see the cigar factory here is very high.

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There are other buildings that, contextually,

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that are actually as high as our building.

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It's not unusual.

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This is the lot right here.

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Anyway, Dan McShane would testify that

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there is no interest in industrial users at this location.

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Therefore, it would need to be a mixed-use development, commercial on the first floor.

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Let me go back to renting.

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I'll show you what the commercial would be.

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What we feel would be a very nice, this hopefully will be a restaurant.

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And there's actually two spaces, an opportunity for two restaurants, hopefully on the first floor.

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And we have curved curvatures here.

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So there's actually more sidewalk.

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We have a landscaping plan that was vetted through CDR.

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and of course

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the Middle Garden

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if there's anything else

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that would be it

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